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Question

I was in a vehicle accident on Oct 20th 2006. I was at fault and did not have full coverage insurance, only coverage on my vehicle. Months after the accident (after never receiving a letter/bill/phone call about this matter) I was prompted to pay $4500.00 From an legal group (Stuart Allen and Associatets, Tuscon) for State Farm Insurance to cover the costs of the vehicle that I hit...which I paid. I also paid off the remainder of my vehicle as well. As time progressed I was not contacted about any other penalties or payments due. Aproximately 2 months ago I received a letter from a law office claiming that I owe $14,000 to them for State Farm. I do not know what this collection bill is for nor did I persue finding anything about the matter, as reccommended by a former attorny on this site. He told me to lay low, as the statute is nearly up. Now 3 years have past. What did I do? Can they really file criminal action? Isnt the statute up?

Submitted: 26 days and 22 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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State/Country relating to Question: California

Already Tried:
personal online research, previous question to a lawyer on this site.

Posted by Bappelman 26 days and 22 hours ago.

Info Request

Hello,

Were you given a ticket for the accident?

Did you file a police report on the accident?

If you got a ticket for the accident, did you plead guilty, or were you found guilty by a judge?

With this information, I can better answer your question.

Thanks.

26 days and 22 hours ago.

Reply

I did receive a ticket for an unsafe turn. I paid the ticket, and was not asked to go into a court...it was just a bill that came in the mail.

Accepted Answer

Thanks for the reply.

Unfortunately by mailing in the ticket you plead Guilty to causing the accident through the "unsafe turn."

As to what this law firm can do to you:

The statute of limitations in California is 3 years for property damage. So the prior attorney was correct, their time period for suing you is over. Unless they have actually filed a lawsuit against you, they cannot sue you for this accident. EVER.

Many insurance firms send out threatening letters to people, knowing that the average person will simply get scared an pay them whatever they demand.

You are under no obligation to do so.

First they must substantiate their claim. Why are they saying that you owe $14,000? Was the car you hit a Mercedes or a BMW? That seems awfully high for a traffic accident with no injuries.

This seems to be the law firm / insurance company trying to scare you into paying a ridiculous demand. Before you agree to pay anything at all demand that they send you an itemized bill explaining what every single penny was spent on. That usually will make them go away completely.

If they continue to threaten or harass you, you can hire an attorney to demand that they stop, and if they don not, you can file harassment charges against them.

Consult with a local attorney before you make any big decision, but go ahead and demand an itemization of that $14,000.

By the way - you are at no risk for any criminal charges arising out of this, as long as you paid off the initial traffic ticket when you got it.

Good Luck!

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Expert: Bappelman
Pos. Feedback: 100.0 %
Accepts: 
Answered: 10/27/2009

Attorney

Licensed Attorney in Illinois and Wisconsin

26 days and 22 hours ago.

Reply

I never EVER received any notices saying that their were injuries to anyone. I do believe the child in the other car was taken to the nearby hospital just to be examined. That was the last I heard. The other drivers car was most likely totalled. It was an early 90's Jeep Cherokee and the other driver was on a suspended licence. I paid Stuart Allan and Assoc. $4500.00 for state farm for the other persons vehicle, wich was a fair price for what the other person was driving. Was THIS a valad debt by me? It seemed legit because I did not have liability insurance...

Could this new set of charges me medical bills paid out by state farm for one of the other drivers? I NEVER received any letters or bills or anything from them EVEN after I paid stuart allen and assoc.....State Farm has never contacted me directly.

Accepted Answer

Thanks for the Accept.

Your best move now is to demand the itemized accounting of where they came up with the $14,000 figure.

Remember, in civil cases you do NOT have to pay anything until a judge orders you to do so. They can threaten all they want, but until a judge says so, you do not have to pay them any money.

I am not sure exactly what the $4,500 you paid earlier was for. You can try to get an accounting of that from them as well.

Again, before you agree to anything, have a lawyer look over the itemized bill. He might tell you that you do not actually owe anything.

Good luck!

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Expert: Bappelman
Pos. Feedback: 100.0 %
Accepts: 
Answered: 10/27/2009

Attorney

Licensed Attorney in Illinois and Wisconsin

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